United States v. Essex

Upon
the agreed motion of the government, pursuant to Fed. R.
Crim. P. 16(d) and 18 U.S.C. § 3771(a)(1) and (8), it is
hereby ORDERED:

1. All
of the materials provided by the United States in preparation
for, or in connection with, any stage of the proceedings in
this case (collectively, “the materials”) are
subject to this protective order and may be used by defendant
and defendant's counsel (defined as counsel of record in
this case) solely in connection with the defense of this
case, and for no other purpose, and in connection with no
other proceeding, without further order of this Court.

2.
Defendant and defendant's counsel shall not disclose the
materials or their contents directly or indirectly to any
person or entity other than persons employed to assist in the
defense, persons who are interviewed as potential witnesses,
counsel for potential witnesses, and other persons to whom
the Court may authorize disclosure (collectively,
“authorized persons”). Potential witnesses and
their counsel may be shown copies of the materials as
necessary to prepare the defense, but may not retain copies
without prior permission of the Court.

3. Any
materials containing taxpayer information obtained from the
Internal Revenue Service shall be plainly marked as such by
the government prior to disclosure. No such materials, or the
information contained therein, may be disclosed to any
persons other than defendant, defendant's counsel,
persons employed to assist the defense, or the taxpayer on
whose behalf such information was provided to the Internal
Revenue Service, without prior notice to the government and
authorization from the Court. Absent prior permission from
the Court, taxpayer information obtained from the Internal
Revenue Service shall not be included in any public filing
with the Court, and instead shall be submitted under seal
(this Order does not, however, prohibit a defendant from
making a public filing containing the defendant's own
taxpayer information).

4.
Certain additional materials disclosed or to be disclosed by
the government contain particularly sensitive information,
including financial information of one or more persons other
than the defendant. These materials shall be plainly marked
as sensitive by the government prior to disclosure. No such
materials, or the information contained therein, may be
disclosed to any persons other than defendant, counsel for
defendant, persons employed to assist the defense, or the
person to whom the sensitive information solely and directly
pertains, without prior notice to the government and
authorization from the Court. Absent prior permission from
the Court, information marked as sensitive shall not be
included in any public filing with the Court, and instead
shall be submitted under seal (except if the defendant
chooses to include in a public document sensitive information
relating solely and directly to the defendant.

5.
Defendant, defendant's counsel, and authorized persons
shall not copy or reproduce the materials except in order to
provide copies of the materials for use in connection with
this case by defendant, defendant's counsel, and
authorized persons. Such copies and reproductions shall be
treated in the same manner as the original materials.

6.
Defendant, defendant's counsel, and authorized persons
shall not disclose any notes or records of any kind that they
make in relation to the contents of the materials, other than
to authorized persons, and all such notes or records are to
be treated in the same manner as the original materials.

7.
Before providing materials to an authorized person, defense
counsel must provide the authorized person with a copy of
this Order.

8. Upon
conclusion of all stages of this case, all of the materials
and all copies made thereof shall be disposed of in one of
three ways, unless otherwise ordered by the Court. The
materials may be (1) destroyed; (2) returned to the United
States; or (3) retained in defense counsel's case file.
The Court may require a certification as to the disposition
of any such materials. In the event that the materials are
retained by defense counsel, the restrictions of this Order
continue in effect for as long as the materials are so
maintained, and the materials may not be disseminated or used
in connection with any other matter without further order of
the Court.

9. To
the extent any material is produced by the United States to
defendant or defendant's counsel by mistake, the United
States shall have the right to request the return of the
material and shall do so in writing. Within five days of the
receipt of such a request, defendant and/or defendant's
counsel shall return all such material or file an objection
with district court stating reasons the material should not
be returned, and in the case of electronic materials, shall
certify in writing that all copies of the specified material
have been deleted from any location in which the material was
stored or file an objection with district court stating
reasons the material should not be deleted.

10. The
restrictions set forth in this Order do not apply to
documents that are or become part of the public court record,
including documents that have been received in evidence at
other trials, nor do the restrictions in this Order limit
defense counsel in the use of discovery materials in judicial
proceedings in this case, except that any document filed by
any party which attaches or otherwise discloses the contents
of taxpayer information obtained from the Internal Revenue
Service (other than taxpayer information relating solely to
the defendant filing the document in question) or specially
identified sensitive information as described in Paragraph 4,
above, shall be filed under seal to the extent necessary to
protect such information, absent prior permission from this
Court.

11.
Nothing contained in this Order shall preclude any party from
applying to this Court for further relief or for ...

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